Indiana § 16-36-2-3 - Persons authorized to give consent

Full text of Indiana Indiana Code § 16-36-2-3 — Persons authorized to give consent, with citation guidance and answers to common questions.

§ 16-36-2-3. Persons authorized to give consent

Sec. 3. (a) For the purpose of this chapter, consent for a licensed physician to conduct an autopsy of the body of a deceased person is sufficient when given by the following persons if the persons survive the deceased:

(1) By the surviving spouse. However, if the deceased and the surviving spouse were legally separated at the date of death, the survivor is not considered a surviving spouse.

(2) If there is no surviving spouse, then by any one (1) adult child of the deceased.

(3) If there is no surviving spouse or adult child of the deceased, then by one (1) parent of the deceased.

(4) If there is no surviving spouse, adult child, or parent and there is an adult who is next of kin of the deceased residing in the county in which the deceased died a resident, then by any one (1) next of kin.

(5) If there is no surviving spouse, adult child, parent, or next of kin, then by any person assuming custody of and financial responsibility for the burial of the body.

(b) If there is more than one (1) person authorized to consent, consent of one (1) of the persons is sufficient.

[Pre-1993 Recodification Citation: 16-8-1-4 part.]

As added by P.L.2-1993, SEC.19.

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 16-36-2-3

What does Indiana Code § 16-36-2-3 cover?

Section 16-36-2-3 ("Persons authorized to give consent") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 16-36-2-3?

A common citation format is "Indiana Code § 16-36-2-3" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 16-36-2-3 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.